Other conditions decisions — 2010

The Veteran's service connection claim for a heart murmur is denied. His hypertension, left wrist disability, and temporomandibular joint disorder are rated as noncompensable or not in excess of the assigned ratings.

The Veteran's service-connected residuals, laceration of left hand, result in pain and limitation of motion. The Board finds that a 10 percent disability evaluation is warranted for this condition.

The Board denied the Veteran's claim for service connection for chronic cervical spine disability, finding that his current condition resulted from a June 25, 1988 diving accident and not related to his June 7, 1988 tractor injury.

The Board finds that the veteran's current epididymitis is at least as likely as not related to his service, and grants service connection for this condition.

The Veteran's service-connected genital injury, manifested by atrophy of both testicles and chronic phimosis, is granted an initial evaluation of 20 percent for impotence and a separate 20 percent evaluation for chronic phimosis.

The Veteran's service-connected residuals of a tonsillectomy are mostly asymptomatic, and the medical evidence does not attribute symptoms including hoarseness and nasal drainage to this condition. Therefore, an increased rating is denied.

The Veteran's occlusal wear of the teeth (bruxism) is causally or etiologically related to his service-connected PTSD, and thus secondary service connection for this condition is granted.

The Board has remanded the case due to incomplete records and unclear VCAA notice.

The Veteran's service connection claim for a genitourinary disorder, including BPH and urethral stricture disease, is being remanded due to the need for additional development regarding his service history and potential secondary service connection.

The Veteran's appeal is being remanded to the RO for further review of new evidence and any additional development deemed appropriate. The case will be returned to the Board following this process.

The Veteran's back disability, characterized by Grade I anterolisthesis of L5 on S1 with associated spondylolysis and disc extension, has been rated at 10 percent since November 27, 2007. The current rating is based on the combined range of motion for the thoracolumbar spine being greater than 120 degrees but not greater than 235 degrees.

The Veteran's claim for service connection for non-Hodgkin's follicular lymphoma was received on June 14, 2006. The Board found that an earlier effective date is not warranted as the Veteran did not file a prior claim and the earliest possible effective date has already been given.

The Board has determined that the veteran meets the criteria for basic eligibility to educational assistance under Chapter 30 of Title 38, United States Code (Montgomery GI Bill), due to his service after June 1985 and the terms of his enlistment contract.

The Board has determined that new and material evidence has been received to reopen the appellant's claim concerning the character of his discharge. The case is now remanded for further development.

The Veteran's death was not caused by a service-connected disability, and he did not have qualifying service to qualify for nonservice-connected death pension benefits. The appellant is also denied accrued benefits.

The Veteran's claims for service connection for a left leg disability and prostate disorder were granted, while his claim for an increased rating for right hand disability was also granted. The effective date of the grant is not specified.

The Veteran's overpayment of Chapter 1607 education benefits was waived due to the fault of VA, resulting in unjust enrichment and undue financial hardship.

The Veteran's claim for service connection for disease of the colon has been remanded due to inadequate development and need for a more complete medical opinion.

The Board found that the Veteran's death was not caused by a service-connected disability, and denied the claim for service connection for the cause of death.

The Veteran's service-connected mandibular prognathis, postoperative, with loss of sensation and pain in the right facial area and mandible, secondary to jaw surgery, does not meet the criteria for a disability evaluation in excess of 20 percent.